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The Conscience of the Constitution [Kindle Edition] $1.99 - Amazon

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The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty

Description: Timothy Sandefur's insightful new book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community-rather than the primacy of liberty, as expressed in the Declaration of Independence-has helped expand the scope of government power at the expense of individual rights. Now, more than ever, the Declaration of Independence should be the framework for interpreting our fundamental law. It is the conscience of the Constitution.

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Created 04-17-2018 at 09:05 AM by cyrisb
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Quote from cyrisb
:
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty

Description: Timothy Sandefur's insightful new book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community-rather than the primacy of liberty, as expressed in the Declaration of Independence-has helped expand the scope of government power at the expense of individual rights. Now, more than ever, the Declaration of Independence should be the framework for interpreting our fundamental law. It is the conscience of the Constitution.

http://a.co/7qfMf9U

(You can use your slow shipping credits on this book.)
Having last night just finished talking to both my state Republican Senate candidates (primary), I beg to disagree with the pasted quote, I assume from the Amazon book description.

The Articles of Confederation - written to secure state's rights while having enough of a federal government to provide for common protection. It was a debacle, and had disastrous trade, currency, and travel issues resulting in unsustainable fragmentation. The of it as more of an alliance with pretensions of being a country.

The Constitution - has very little to do with individual liberty, and had very weak Democratic provisions. It was about creating a country out of the States, by strengthening the Federal Government to the minimum seen as making it work. More for mutual protection, such as putting down rebellion and control of international trade.

The States still maintained very strong for their internal governments. The Constitution was designed to guarantee no state, within reason, would be become so dominated by the Federal Government that it's internal affairs would be compromised. The is the entire point of Checks and Balances.

The only thing democratic was the House of Representatives, and even for that the guarantees for Democracy were very weak. I've mentioned how South Carolina and Virginia, as well as Maryland, had at best a semblance of Democracy. The Constitution established a Republic, not a Democracy. One example is the provision stating there would be no religious test for FEDERAL office. States were still free to do this internally.

The Bill of Rights: That was the bulwark for the individual's rights against a tyranny of the Federal Government. Remember, in general it did NOT apply to State Governments when ratified (that came gradually after the Civil War). It was part of the compromise that permitted the ratification of the Constitution. In fact it is the Bill of Rights that has been deliberately weakened in recent decades, including critical elements of the 4th, 5th, and 7th Amendments. I felt that way many years ago about the 2nd Amendment, though it's maybe tilted a little bit aggressively in the opposite direction. Plus the interaction of the 9th and 10th Amendments has become distorted by so-called orientalists, because as you can see from the words below, you can have a right to privacy or to abortion via the 9th Amendment even if it's not listed in the Constitution, and in fact the non-listed right either goes to a State, or the Individual, and the 10th Amendment is neutral on who has it (though I have a strong 9th Amendment bias as towards the individual).

Quote :
Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
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